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10.16.06.00.htm 10.16.06.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 16 HOUSING Chapter 06 Certification for Youth Camps Authority: Family Law Article, §5-560―5-568, 5-704, and 5-705; Health-General Article, §2-104, 14-402(d) 14-403, 18-318, and 18-403; Health Occupations Article, §8-6A-01―8-6A-16 and 14-306; Annotated Code of Maryland
10.16.06.01.htm 10.16.06.01. 01 Scope.. This chapter does not apply to:. A. Purely social activities of a family or the guests of a family;. B. Subject to Regulation .03 of this chapter, programs or activities directed or operated by a board of recreation, recreation department, or similar public unit of a county, a municipal corporation as defined by Article 23A, §9, Annotated Code of Maryland, or the Maryland-National Capital Park and Planning Commission, that involve use of neighborhood facilities, including
10.16.06.02.htm 10.16.06.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Acceptance letter” means a notice sent to a unit of local government, the Maryland-National Capital Park and Planning Commission, or a State agency, issued by the Department pursuant to this chapter and Health-General Article, §14-403, Annotated Code of Maryland, accepting written certification that the programs or activities operated by:a) The unit or the Maryla
10.16.06.03.htm 10.16.06.03. 03 Local Government Health and Safety Standards.. A. Subject to the provisions of §B of this regulation, each unit of local government shall:. 1) Adopt health and safety standards pertaining to the operation of youth camps; and. 2) Submit to the Department documentation that verifies that the unit of local government maintains standards that are at least as protective as those required by this chapter.B. Each unit of local government or the Maryland-National Capital Park and
10.16.06.04.htm 10.16.06.04. 04 State Agency Program or Activity.. Each agency of the State that directs or operates a program or activity that is not exempt under Regulation .01C of this chapter shall annually certify to the Department, in writing on a form prescribed by the Department on or before April 1 of each year, that each program or activity operated by the State agency complies with Health-General Article, Title 14, Subtitle 4, Annotated Code of Maryland, and this chapter.
10.16.06.05.htm 10.16.06.05. 05 Random Inspections, Complaints, and Violations.. The Department shall:. A. Conduct inspections of:. 1) A random 5 percent sample of programs or activities described under Regulations .03 and .04 of this chapter to ensure that each program or activity is in compliance with all applicable health and safety laws and standards; and2) Any program or activity about which a complaint has been filed; and. B. Advise the unit of local government or State agency of any significant v
10.16.06.06.htm 10.16.06.06. 06 Annual Report and Self-Assessment.. A. An operator of a program or activity that complies with Regulation .03 or .04 of this chapter and an operator of a youth camp shall submit an annual report, on a form prescribed by the Department, within 4 weeks of the end of the program, activity, or camp to the Department stating:1) The actual camper days, that is, the sum total of the actual number of campers who attended camp each day during a camp season;2) The number of injuries
10.16.06.07.htm 10.16.06.07. 07 Certification or Letter of Compliance.. A. An operator of a youth camp shall obtain a youth camp certificate or letter of compliance issued by the Department, which allows the operator to:1) Operate the youth camp during the period specified on the certificate or letter of compliance; and2) Provide a specialized activity at a specific location.. B. An operator may not:. 1) Operate a youth camp as defined by this chapter and Health-General Article, §14-401, Annotated Co
10.16.06.08.htm 10.16.06.08. 08 Application Procedures and Fees.. A. For a camp that was not issued a certificate or a letter of compliance by the Department in the previous calendar year, an operator shall:1) Apply for a certificate or, in the case of an operator of a youth camp directed or operated by a bona fide religious organization, a certificate or letter of compliance, on a form prescribed by the Department;2) Except as provided in §D and E of this regulation, pay to the Department
10.16.06.09.htm 10.16.06.09. 09 Inspections.. A. The Department shall:. 1) Monitor a youth camp for compliance with this chapter; and. 2) Inspect the camp at least every fourth year or as necessary for the enforcement of this chapter.. B. Right to Inspect.. 1) The Department may enter, at reasonable times, the property of a youth camp for the purposes of inspecting, monitoring, and verifying information relative to the enforcement of this chapter.2) A person may not deny or interfere with the Dep
10.16.06.10.htm 10.16.06.10. 10 Time Period for Correction of Violations.. A. An operator shall correct a violation:. 1) Immediately, if it creates an imminent and substantial danger to a camper; and. 2) Within the period of time specified by the Department.. B. The Department may modify a specified time limit of correction when a written schedule of compliance submitted by the camp operator assures that:1) The correction will be made within a mutually agreeable amount of time; and.
10.16.06.11.htm 10.16.06.11. 11 Variances.. A. An operator may apply, in writing, to the Department for a variance of a requirement under this chapter, specifying:1) The affected regulation;. 2) The reason for the request;. 3) The name and address of the applicant;. 4) The name and location of the camp; and. 5) That the requirement is met by an alternative that complies with the intent of the regulation.. B. The Department may grant a variance of a requirement of this chapter if the:.
10.16.06.12.htm 10.16.06.12. 12 Issuance of a Certificate, Letter of Compliance, or Acceptance Letter.. A. Certificate or Letter of Compliance.. 1) The Department shall issue a nontransferable certificate or letter of compliance in accordance with the information provided on the application to a camp that meets the requirements of this chapter.2) Except for a camp that applies under Regulation .08A, when a camp does not meet all the requirements of this chapter, the Department may issue a no
10.16.06.13.htm 10.16.06.13. 13 Posting of Certificate, Letter of Compliance, or Acceptance Letter.. An operator shall:. A. Post a certificate, letter of compliance, or acceptance letter in a conspicuous place on the premises; orB. For a primitive, travel, or trip camp, have the certificate, letter of compliance, or acceptance letter available upon request.
10.16.06.14.htm 10.16.06.14. 14 Denial of a Certificate or Letter of Compliance.. A. The Department may deny an application for a certificate or a letter of compliance, setting forth in writing the reason or reasons for the denial, if the operator:1) Fails to:. a) Correct a violation within the specified time period;. b) Comply with an approved written schedule of compliance;. c) Correct immediately a violation that the Department has indicated is an imminent and substantial danger to a camper;
10.16.06.15.htm 10.16.06.15. 15 Suspension or Revocation of a Certificate or Letter of Compliance.. A. The Department may suspend or revoke a certificate or letter of compliance if the camp operator:. 1) Fails to correct any violation within the specified time period;. 2) Fails to comply with an approved written schedule of compliance;. 3) Fraudulently or deceptively obtains or attempts to obtain a certificate or letter of compliance;. 4) Fraudulently or deceptively uses a certificate or letter of compliance;.
10.16.06.16.htm 10.16.06.16. 16 Orders.. A. When inspection of a youth camp as set forth in Regulation .09 of this chapter reveals a health or safety violation of this chapter, the Department may issue an order to abate the violation.B. When the Department issues an order to abate a violation to a youth camp, the Department shall give the operator an opportunity for a hearing in accordance with Regulation .17 of this chapter.
10.16.06.17.htm 10.16.06.17. 17 Opportunity for a Hearing.. A. Except as otherwise provided in the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, or in this regulation, before the Department takes any final action to deny, suspend, or revoke a certificate or letter of compliance or enforce an order to abate a violation, the Department shall give the person against whom the action is contemplated an opportunity for a hearing.B. A person shall request
10.16.06.18.htm 10.16.06.18. 18 Prohibitions to Operate.. A. A person whose certificate or letter of compliance is suspended:. 1) Shall cease operation; and. 2) May not resume operation until:. a) An inspection shows that the condition or conditions responsible for the suspension or order no longer exist; andb) The Department reinstates the certificate or letter of compliance.. B. A person whose application for a certificate or letter of compliance is denied:. 1) May not start operation; or.
10.16.06.19.htm 10.16.06.19. 19 Alternative Accreditation.. A. Alternative Accreditation Organization.. 1) A person seeking the Department's approval for alternative accreditation shall:. a) Apply to the Department for approval of the alternative accreditation; and. b) Submit to the Department documentation that verifies that the accreditation organization:. i) Maintains accreditation standards that provide the same level of health and safety protection for the campers as required by this chapter;
10.16.06.20.htm 10.16.06.20. 20 Constructing, Remodeling, Enlarging, Converting, or Reducing Facilities.. A. Except for facilities that are used for other purposes where the proposed changes do not affect the operation of the youth camp according to the requirements of this chapter, an operator shall notify the Department, in writing, before:1) Constructing, remodeling, or enlarging a youth camp;. 2) Converting a property for use as a youth camp; or. 3) Reducing or eliminating facilities at a youth camp..
10.16.06.21.htm 10.16.06.21. 21 Criminal Background Investigations.. A. An operator shall:. 1) Comply with the provisions of the criminal history records check requirements law in Family Law Article, §5-560―5-568, Annotated Code of Maryland;2) Ensure that before the camp operates, the Department has on file for the personnel administrator a:a) Completed national and State criminal history records check through the Maryland Department of Public Safety and Correctional Services; and
10.16.06.22.htm 10.16.06.22. 22 Health and Medication Requirements. An operator shall ensure that a camp complies with COMAR 10.16.07..
10.16.06.23.htm 10.16.06.23. 23―33 Repealed..
10.16.06.34.htm 10.16.06.34. 34 Emergency Procedures.. A. An operator shall prepare and implement a written emergency plan that includes procedures for the camp staff members to:1) Ensure camper safety during natural disasters, severe weather, and other emergencies;. 2) Evacuate campers from the camp;. 3) Account for campers and locate a missing camper;. 4) Use fire, rescue, police, and 911 services;. 5) Ensure emergency transportation;. 6) Notify the camper's parent or guardian;. 7) Ensure camper safety u
10.16.06.35.htm 10.16.06.35. 35 Child Abuse Prevention and Reporting.. An operator shall ensure that:. A. Child abuse allegations or incidents are reported as prescribed in Family Law Article, §5-704 and 5-705, Annotated Code of Maryland;B. A written child abuse prevention and reporting program is prepared and implemented at the camp that includes procedures for:1) Educating staff members and volunteers;. 2) Reporting child abuse both internally and externally;.
10.16.06.36.htm 10.16.06.36. 36 Water Supply.. A. An operator shall ensure that the camp's water supply is:. 1) Adequate;. 2) Easily accessible to the campers; and. 3) Of a safe and sanitary quality.. B. Except as provided in §C and D of this regulation, an operator shall ensure that:. 1) The camp's water supply is:. a) From a public or individual water supply system, or connected to a community water system where available;b) Constructed, protected, operated, and maintained in conformance with:.
10.16.06.37.htm 10.16.06.37. 37 Sewage Disposal.. A. Except as provided in §B, C, and D of this regulation, an operator shall ensure that:. 1) A facility for sewage disposal is maintained in good working order and is:. a) Connected to a community sewerage system when a community system is available; or. b) If a community sewerage system is not available, installed, operated, and maintained in compliance with COMAR 26.04.02 and local code requirements;2) As evidenced by written documentation from the
10.16.06.38.htm 10.16.06.38. 38 Toilet Facilities.. A. Except as provided in §C of this regulation, an operator shall ensure that:. 1) Toilet facilities are constructed, located, and maintained to prevent a:. a) Nuisance; or. b) Public health hazard;. 2) For residential camps, one toilet is provided for each 15 campers or fraction of 15 campers;. 3) For day camps, one toilet is provided for each 35 campers or fraction of 35 campers;.
10.16.06.39.htm 10.16.06.39. 39 Bathing and Hand Washing Facilities.. A. Except as provided in §B of this regulation, an operator shall ensure that:. 1) Hand washing facilities are located:. a) Within 300 feet of each housing unit; and. b) Adjacent to each toilet or privy site;. 2) Except when a camper provides the camper's own soap and towel, a hand washing unit is equipped with:a) Soap; and. b) A hot air hand drier or disposable towels;. 3) For a residential camp, one hand washing unit i
10.16.06.40.htm 10.16.06.40. 40 Sleeping Facilities in Resident Youth Camps.. An operator shall:. A. Except at a primitive camp, provide a bed, cot, or bunk for each individual;. B. Ensure that each bed, cot, or bunk has a sturdy frame allowing at least 12 inches of clear space from the floor;C. Ensure that each individual at a primitive camp:. 1) Is provided with a sleeping bag; or. 2) Brings the individual's own sleeping bag;.
10.16.06.41.htm 10.16.06.41. 41 Tents or Fabric Shelters.. When a tent or fabric shelter is used, an operator shall ensure that:. A. The occupancy of the tent or fabric shelter does not exceed the manufacturer's recommended capacity; andB. The tent or fabric shelter:. 1) Is made of fire retardant material;. 2) Bears a permanent label which states conspicuously, "WARNING: NO OPEN FLAMES IN OR NEAR THIS TENT OR FABRIC SHELTER" and3) Is located at least 10 feet away from a campfire or open flame..
10.16.06.42.htm 10.16.06.42. 42 Food Service.. A. An operator shall ensure that:. 1) Except as provided in §B of this regulation, a camp complies with all applicable food service statutes and regulations as set forth in Health-General Article, Title 21, Annotated Code of Maryland, and COMAR 10.15.03;2) A parent or guardian is notified in writing of the camp’s policy on storage of a lunch brought from home; and3) If a camp permits potentially hazardous food, as defined in COMAR 10.15.03, in a lunch brought fr
10.16.06.43.htm 10.16.06.43. 43 Garbage and Other Refuse.. An operator shall ensure that:. A. Durable containers in good condition are provided for the storage of garbage and other refuse;. B. Garbage and trash are:. 1) Collected as often as necessary to prevent the containers from overflowing; and. 2) Disposed of by a system in accordance with State and local laws, regulations, and ordinances; and. C. Containers used outside:. 1) Have tight-fitting lids; and. 2) Are leak-proof, fly-proof, and rodent-proof..
10.16.06.44.htm 10.16.06.44. 44 Insect, Rodent, and Vermin Control.. An operator shall ensure that a facility at the camp is maintained to:. A. Minimize the entry of insects, rodents, and other vermin into the structures or campsite; and. B. Eliminate the harborage of insects, rodents, and other vermin..
10.16.06.45.htm 10.16.06.45. 45 Rabies Controls.. An operator shall comply with animal vaccination requirements, as set forth in:. A. Health-General Article, §18-318, Annotated Code of Maryland; and. B. COMAR 10.06.02..
10.16.06.46.htm 10.16.06.46. 46 Fire and Other Hazards.. A. Except for the operator of a primitive camp and as provided in §B of this regulation, an operator shall ensure that:1) A camp is:. a) In compliance with all fire and safety code requirements; and. b) Approved by the State or county fire authority;. 2) Buildings within the camp are constructed and maintained in accordance with State and local fire and safety codes; and3) An electrical system at a camp is:.
10.16.06.47.htm 10.16.06.47. 47 Specialized Activities: Aquatic Programs.. A. For a camp that offers an aquatic program, an operator shall ensure that:. 1) During the aquatic activity, a director is present at the camp or, when the activity occurs off the camp premises, at the activity site;2) A safety plan is developed and implemented:. a) According to Regulation .52 of this chapter; and. b) That includes procedures for:. i) Evaluating and classifying a camper’s swimming ability and other appropr
10.16.06.48.htm 10.16.06.48. 48 Specialized Activities: Marksmanship Using Rifles and Air Guns.. A. Rifle Range. For a camp that offers riflery activities, an operator shall ensure that:. 1) The rifle range is located where a camper will not wander into the field of fire while engaged in other camp activities;2) If possible, the direction of fire is to the north to minimize a shooter being blinded by the sun;3) A blind approach to the field of fire is fenced, with warning signs posted;.
10.16.06.49.htm 10.16.06.49. 49 Specialized Activities: Archery.. A. Archery Range. For a camp that offers archery activities, an operator shall ensure that:. 1) An archery range is located where a camper will not wander into the danger area while engaged in other camp activities;2) An archery range is clearly marked to warn individuals away from the danger area;. 3) When possible, the shooting direction is to the north to minimize an archer being blinded by the sun;
10.16.06.50.htm 10.16.06.50. 50 Specialized Activities: Horseback Riding.. A. For a camp that offers horseback riding, an operator shall ensure that:. 1) A riding instructor determines a camper's riding experience and level of skill before assigning a horse and deciding whether the camper rides in a ring or on a trail;2) A rider wears:. a) Protective headgear at all times that bears the label of the American Society for Testing and Materials (ASTM) F1163; andb) Shoes with heels or uses closed stirrups;.
10.16.06.51.htm 10.16.06.51. 51 Other Specialized Activities.. A. An operator shall ensure that a specialized activity safety plan is developed and implemented according to §C of this regulation for a camp that offers a specialized activity or program of:1) Firearms control;. 2) Adventure camping;. 3) Artistic gymnastics;. 4) Hang gliding;. 5) Road cycling;. 6) Skiing;. 7) Rock climbing;. 8) Spelunking;. 9) Motorized vehicle activities;. 10) Rappelling; or. 11) High ropes.. B. Staff Members. For a c
10.16.06.52.htm 10.16.06.52. 52 Specialized Activity and Camp Trip Safety.. A. Safety Plan. An operator shall ensure that a written safety plan:. 1) Is prepared for each specialized activity, specialized activity location, and trip before a camper participates in a specialized activity or embarks on a trip;2) Defines and addresses the potential health and safety risks for each specialized activity and trip;3) Identifies camp staff members' qualifications and responsibilities for each specialized activity
10.16.06.53.htm 10.16.06.53. 53 Transportation.. A. When a camper, staff member, or volunteer is transported, an operator shall ensure that:. 1) Transportation is provided according to applicable State law;. 2) A transportation safety plan is developed and implemented that includes:. a) Transportation safety rules, standards, and practices;. b) Supervision requirements including camper to staff ratios;. c) Emergency transportation services; and. d) Severe weather procedures;. 3) Not more than 30 calen
10.16.06.54.htm 10.16.06.54. 54 Supervision of Campers During Routine Activities.. During a routine activity, an operator shall ensure that:. A. A camp director is available for consultation at all times when campers are present at a camp;. B. For campers who are 3-1/2 to 5 years old:. 1) When there are one to eight campers, one adult is on duty and supervising the camper or campers;. 2) When there are nine to 16 campers, on duty and supervising the campers are:. a) One adult; and.
10.16.06.55.htm 10.16.06.55. 55 Implementation of This Chapter.. Implementation of this chapter is contingent on the availability of funds..
10.16.06.9999.htm 10.16.06.9999. Administrative History Effective date:. Regulations .01―24 adopted as an emergency provision effective June 19, 1989 (16:13 Md. R. 1413) emergency status expired November 12, 1989Regulation .01B amended effective March 2, 1992 (19:4 Md. R. 473). Regulation .02 repealed effective March 2, 1992 (19:4 Md. R. 473). Regulation .03B amended effective March 2, 1992 (19:4 Md. R. 473). Regulations .03B and .05A amended as an emergency provision effective June 30, 1994 (21:15 Md. R. 13
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